THIRD-PARTY HARASSMENT IN THE WORKPLACE: THE LEGAL LANDSCAPE IN MALAYSIA

Does Malaysian Law Cover Third-Party Harassment in the Workplace?
There is no single statute in Malaysia that expressly addresses third-party harassment in the workplace. However, several laws, when considered collectively alongside common law principles, provide a legal framework for addressing employer liability in such cases.

These include:

1.Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace –
These establish the importance of a safe and conducive working environment.

2.Occupational Safety and Health Act 1994 (OSHA 1994) –
Imposes a general duty on employers to ensure a safe workplace for employees.

3.Anti-Stalking Laws (Section 507A, Penal Code) –
Criminalizes repeated acts of harassment that cause distress, fear, or alarm to a person’s safety.

4.Anti-Sexual Harassment Act 2022 Section 2) Defines sexual harassment as “any unwanted conduct of a sexual nature in any form, whether verbal, non-verbal, visual, gestural, or physical, directed at a person that is reasonably offensive, insulting, or constitutes a threat to their well-being.”

Key Elements of Third-Party Harassment in the Workplace
For workplace harassment to be classified as third-party harassment, the following elements must be present:
1.The harasser is not an employee but has a connection with the company. This could include clients, customers, contractors, vendors, or other business associates.

2.The behaviour qualifies as “harassment” under the law.

This may include:

  • Verbal abuse or insults;
  • Threats or intimidation;
  • Bullying or aggressive behaviour;
  • Discriminatory conduct based on race, religion, gender, sexual orientation, or other protected characteristics;
  • Unwanted sexual advances or comments.

3.The harassment occurs in a work-related setting.
This includes not only office premises but also external locations such as the third party’s office, work-related events, or any public setting where the employee is performing their duties.

Conclusion

While Malaysian law does not explicitly address third-party harassment in the workplace, existing legal provisions impose a duty on employers to provide a safe and respectful work environment. Companies must take proactive steps to mitigate risks, including implementing clear policies, providing training, and ensuring prompt action when incidents occur. As workplace dynamics evolve, legal and policy frameworks must also adapt to ensure adequate protection for employees from all forms of harassment, regardless of the source.